. new this morning, the surprising legalization. >> there is a new push to get more cops back on the beat in the city of oakland. coming up, we will be talking about a new twist on the old measure y. >> good morning. it's 4:30 on monday, september 13th. thank you for waking up with us. let's get right to rob with an

early look at the forecast. good morning, rob. >> good morning, scott. we have a good start at 59 degrees and patchy low clouds and a little bit of a sea breeze and a couple of things we will be watching and areas of mist along the coast and out by berkeley and oakland. temperatures should be climbing comfortably in the mid- to upper 70s towards the trivalley. 50s across the board and lunchtime should see 70s and a pleasant day, but mild by september standards as we head towards the middle part of the week. out towards livermore, warming up as we approach the weekend. >> thank you. building up in the east bay already. >> there is already one trouble spot. look at 880 past the coliseum. the headlights just as they come back high street. you can see the bright lights and that's where they have construction until 5:00 a.m.

the northbound side moving smoothly and that is your smut. it's early for 880. highway 4 will take you to the maps where there is construction. stretching over towards leverage road and that will last until 11:00 a.m. towards pittsburgh and antioch, but the speeds are westbound. still early for that to show up. expect that right around 5:00 and more folks hit the roadway and hit pittsburgh. back to you. >> the california public util y utilities commission is demanding pg&e test the lines for leak after an explosion in a san bruno neighborhood. this shows what it was like moments after the blast. the blast locked his house and he looked outside and saw this and could feel the heat of the flames.

neighbors returned to 293 of the 377 homes in the suburb. over a 3 1/2 hour period yesterday afternoon. people in the remaining 84 homes have not been allowed to return. those homes were destroyed or have extensive damage or are close to the blast site. here are the latest numbers. the fire destroyed nearly 50 homes and damaged dozens of otherings. they are trying to confirm just how many people died. we know it's at least four. another four are missing. at least 60 are injured and some critically. the explosion blew a pipe up 28 feet long on to the street and created a crater 167 feet long, 26 feet wide. pg&e said a section of that same pipeline 2 1/2 miles north of the explosion site was set to be repaired in 2012.

it was deemed a high risk to fail. the day after this e ploegz, pg&e sap grks sg and e said they tested it and mark tony said san bruno is not the only high risk spot in the bay area. >> there other pipelines that are old. that have been identified as high risk for leaks and are in the process of being replaced. >> public documents show another high risk pipeline runs for eight miles between livermore and so noel and in fremont also considered at risk. stay with us and nbcbayarea.com for coverage of the explosion. we have a link to the pipeline map for the bay area so you can see if your neighborhood has any

pipelines and see where the two at risk pipelines are through livermore and all the way to fremont. our team updating the website with new information and pictures as we get them. the long delayed case against a former bakery leader on three counts of murder is set to get started today. a judge delayed it because his lawyer was suffer for example serious back problems. bay and another man, antoine mckay, both 24 are accused of killing chauncy bailey in august of 2007. bailey was working on a story about the financial problems at the bakery founded by bay's father. today's hearing will set in motion a request to move the trial out of alameda county. there is a push to get more police officers and patrols on oakland streets.

kristi smith has the plan and how it affects east bay neighborhoods. >> reporter: good morning. you ask the people what their number one concern is for the city and a lot of them say it's crime and making sure there enough officers to respond to all the emergency calls. starting today as you said, there is going to be a push to get 63 beat officers back on the streets. we are talking about on patrol duty specifically. this is pushed by councilmember gene quan. this is a revision to measure y passed by voters in 2004 and provided millions of dollars for the city needed to balance the budget and that meant deep caughts including layoffs to the differently roughly 700 police officers or so. it also meant reprioritizing to certain emergency calls within

the police department. 11:30 this morning, gene quan will talk more about measure bb for voters here in oakland that. will happen at city hall. live in oakland, today in the bay. >> oakland is not the only town negotiating budget cuts and services vital to public safety. san jose laid off 49 firefighters over the summer. the battle over firefighter pay and benefit cuts now heads to arbitration n. vallejo, the budge set so tight police offices are closed. 66 officers have been laid off in the past five years. berkeley police are looking for a gunman that happened in the ashby bart station sunday morning. a 35-year-old man and his fiance were walking home after a party when two men tried to rob them. one shot and killed the man and punched the woman. detectives are hoping someone saw the crime or has information

that could lead to a better description. the two robbers took off in an older two-tone suv. >> the lawyer for a berkeley graduate held in iran, his attorney said he has been in contact with the family of sarah shored and the swiss embassy in iran. iran said they would release her as a sign of compassion to mark the end of ramadan and quickly reversed the division. her lawyer said she could be released in a few days if her bail is paid. it's been more than a year since iranian authorities arrested her and two other berkeley students. the two friends and shored were accused of being u.s. cries and they said they accidentally crossed into the country on a hike. a trial date could be set for

the two men in the coming weeks. a bay area thoroughfare getting a face-lift and you see crews facing new stripes on a soon to open expressway from the regular lanes. starting next monday, drivers with fewer than the required number of riders would carpool and still be allowed to drive in rush hour if they pay a toll. some people call them lexus lanes. an eight-mile stretch from washington boulevard to route 237 in milpitas is expected to be restriped this morning. what do you think? fair assessment? >> it is that because of the added expense. we will see how many lexi there. let's check the camera itself with the tail lights coming through the area. we are going on this morning and it will continue. monday, next week is when they schedule that lane to reopen and

we will watch for that in the morning commute. an easy flow. folks coming through livermore. 580 as that starts to build with the volume of traffic, but 14 minutes in through livermore. the yellow indicates speeds through 50 miles per hour over at kitty hawk and isabel. they are working on the signal. not a major issue and not a major surprise. over at the walnut creek interchange moving smoothly and westbound 80, we did have reports of a deer injured by a car heading through the area. right around hercules and chp had to come out and the deer was able to scamper off of the freeway. bringing this bring down to 18 minutes. back to you. >> let's have a word in edge wide. let's bring in a nice breath of fresh air and heading for the afternoon and a good sea breeze that means fantastic air quality

and all-around the bay area and no problems with air quality and things looking good. for the afternoon, livermore will see upper 70s and low clouds all the way inland to the pass this morning. that may impact the drive if you drive back in. the seven-day forecast shows temperatures climbing to the middle part of the week. thursday is the warmest day and we will cool in with extra clouds into the weekend. >> time now is 4:41. new this morning, police for pot. hear why they are supporting legalization. plus, the explosion in san bruno sending a ripple effect across the financial market. the news regarding the bottom line and where a new computer virus promises naughty pictures and ends up delivering embarrassment. look at the bay bridge as we head to break.

this is a live look at highway 880. high temperatures on the screen. hayward 71. danville is 74. the raiders will play their first home game on sunday. they hope for a blowout against

tennessee. there is your raiders pictures. i don't know if you saw this game, chris johnson breaks a 76-yard touchdown run. here it is. this is a mess. and the crowd goes wild. raiders lose 38-13. new this morning, law enforcement support for legalizing marijuana growing like a weed. a group of police officers, judges and prosecutors who support legalizing are planning to announce their united front. they hold a news conference in oakland and the los angeles area. marijuana laws are ineffective and a waste of resources and they said they are endorsing proposition 19 to legalize growing and possessing marijuana under state law. five aid workers are under arrest in zimbabwe. the two doctors and two nurses and an organizer are connected with will allen temple church

charged with distributing aids drugs without proper licenses. they are appearing today and subject it at most, a fine. starting to clog up on 880. >> that's pretty typical of that portion of the east bay. a great number of cars coming through, but no major incidents. that was hit over south of the bridge over hercules. that has been clear from the roadway, but this year hit by fort focus. out of the road, you might see some incidents, but no major slowing on westbound right now. passing that out of pay point. eastbound is the direction we are focussing on because there is construction heading towards leverage until 11:00 a.m. that might be an issue towards the antioch bridge. this is your commute direction moving smoothly. things are going nicely before the run size that come up.

what's going on today? >> out towards the east way, that will be the warmer temperatures. we have low clouds into the bay and misty skies around the coast towards the afternoon. 60s and 70s, but the warmest place this is time of year, the trivalley in the upper 70s. breakfast time temperatures, we are looking at 50s. you will start to notice from castro valley eastward, seeing the numbers in the 70s and a bit warmer. upper 70s to close to 80 around pittsburgh and san jose obviously cooler at 75 degrees as we head up through the rest of the seven-day forecast and a bit warmer inland and cooling off towards the weekend. >> thursday's traj dein san bruno having a ripple effect across financial markets. live with more on that and a look ahead at the rest of the day's business news. good morning, courtney. >> this is a real world example when you have a tragedy that

involves a company, the corporation headache takes a hit. bg and e felt a hit after the deadly stock price explosion. if you are wearish, it could be a good investment if you think it's going lower. futures are higher as we kickoff the trading week. come off the second straight positive week for wall street. investors are enthused with data out of china and the rule to tighten requirements for banks. asian markets are positive so far. there is a fair amount of economic data that support retail sales and consumer sentiment. the dow is up 47 points that means trading begins at 10,462. the number of americans living in poverty has skyrocketed since

president obama took office. in seven people are considered poor while about 45 million total. that's about 15% of the population up from about 13% in 2008. the level is 20,000 a year for a family of 4. >> beware, hackers have another tool in their arsenal. sex. if people click on a link promising free porn, it sends a vire thaus tries to uninstall security software. it checks the e-mail account and sends the same message to everyone in the address book. embarrassing to say the least. they are close to announcing a deal to buy security software maker. hp has been negotiating with the small company since they put itself up for sale last month.

according to the "wall street journal," it could be announced this week. they make software that detect intrusion attempts. the tossel over taxes is taking a turn. the republican leader in the house is offering to meet president obama in the middle. capitol hill reporter tracie potts leads the coverage this morning. >> more taxes, tea partiers made their voices heard. >> i want the big government and the taxes to stop. >> if congress doesn't act, 3600 for a family making $200,000. president obama wants to keep the cuts for those families, but let them expire for incomes over $250,000. >> when we went afford to do is pass $700 billion additional of tax cuts for millionaires and billionaires. >> republicans opposed that, but

one leader may support it. >> if the only option i have to vote for those $250,000 and below, of course i will. >> the white house wants congress to deal with the middle class now and decide on tax cuts for the rich later. >> let's not hold them hostage while we debate whether we are going to give this small number of people at the top a tax cut we can't afford. >> what may pass, $12 billion and $30 billion for small business loans. that was brecken when one retiring republican agreed to vote for it. tracie potts, nbc news, washington. >> now a look ahead on what's coming on later. brent, welcome back. >> i'm working on an interview with the ntsb, the lead agency investigating the explosion in san bruno. you can look for that after 5:00. in a few minutes.

plus, we will tell you when people whose houses were damaged can expect answers from pg&e and those who have anything left might be able to move back in. we investigate the higher cost of investigation. is going to college worth the money? it seems like an easy answer, but with three out of five graduating with massive debt, the solution may not be so simple. those stories and more gets you moving through the monday morning commute. back to you. >> a new study shows that for profit hospitals in california performed significantly more c sections than nonprofit hospitals. california watch compiled a database of 253 hospitals and found a woman was 17% more likely to have a c-section at a for profit facility. that's after medically needed c sections were ruled out. since c-section births bring in about twice the revenue of a

natural birth, it's evidence for profit hospitals value the bottom line over what's best for the patients. others argue it's because of factors like obesity, age, or fear of lawsuits and greg acceptance of the procedure. san ramon regional medical center and good sam in san jose performed the most c-sections. getting another flight may not be easy if you are bumped. seven of the largest airlines flew at least 87% full as recently as july. that combined with fewer flights means there is not much room. bump suggest growing problems. the practice up 20% over the first half of this year. ray la hood considering requiring airlines to raise the fee they paid. the deal is suspected to fall before the end of the year. a couple of uc berkeley education professors weighing in

on a formula to find out if a teacher is worth it. it's supposed to measure the teacher's value based on how well student dos and how the teacher compares to other teachers. it was created by the l.a. times and endorsed by the education secretary, but the professors say it's impossible to reduce a teacher's effectiveness to one number. they can have a public forum on the subject later this month. oakland city leaders are not giving up the fight to get police and patrols on the street. kristi smith is live with the new plan one councilmember plans to propose. kristi? >> reporter: good morning. this is a big issue here in oakland. candidates from mayor are talking about it and the police union and resident who is want to make sure calls for service are answered. today it's the start of a big push to get 63 beat officers back out on the streets here in

oakland. we are talking specifically about patrol officers and those who don't work behind the desk. this is a twist on measure y. it provided millions of dollars for violence prevention here in the city. earlier this year, the city in a big financial hole had to make deep cuts to balance the budget and that included layoffs to the police department. many thought the department was too small for a city this size. 400,000 people with an average of 100 murders per year and the cuts meant reprioritizing calls for service. gene quan who is running for mayor will be spearheading that push for measure bb. she is holding a press conference at 11:30. live in oakland, kristi smith, today in the bay. >> thank you. turning to rob, looks like it's septemberish. >> it is outside right now. what's interesting is the marine

layer deepened up and the low clouds surged in to livermore. mainly 50s. 57 in san francisco and 55 in livermore and the case of ocean air conditioning blafing in and wins at 21. when you see the pattern for the morning, it's not going to warm up a lot. air quality looks great. good air quality into the inland valleys, but the temperatures are not going to warm up a lot. 80 degrees in the warmest places like morgan hill and livermore. the coast will be stuck with the low clouds and highs in the 60s. not much change between now and wednesday. we will cool off again as we move through the weekend. >> team in san bruno get to return to their homes. just ahead, a live report on what's next for these people sifting through the remains. we will hear from the ntsb on the latest on what caused that explosion and the fate of a

former grad jailed in iran and hangs on the line. e latest on the possible release of sarah shored.

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